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Judgment
The case has not been listed in the Court even once after 11.11.2013. The concerned clerk has furnished an explanation which shall be brought to the notice of the Registrar (Judicial) for suitable steps/action.
The instant appeal under Section 173 of the Motor Vehicles Act is preferred by the appellant M/s. Bajaj Allianz General Insurance Co. Ltd. for assailing the judgment and award dated 03.07.2010 passed by learned Motor Accident Claims Tribunal, Bhilwara in Motor Accident Claim Case No.760/2005 whereby, the claim application of the respondent No.1-claimant filed under Section 163A of the Act, was accepted and she was awarded damages to the tune of Rs.98,320/- for the injuries received by her in a road accident, which took place on 22.06.2004.
I have heard and appreciated the submissions advanced by Mr. Singhal, Advocate representing the appellant and have gone through the impugned award. No-one has appeared for the respondents despite service.
The claim was filed under Section 163A of the Act seeking damages for the injuries caused to the claimant in a road accident which took place on 22.06.2004. The claimant alleged in the claim application that she was sitting as a pillion rider on the motorcycle No.RJ-27-14M-1369 (hereinafter referred to as the 'offending vehicle') and was passing through Mallatalai for going to the market when the said motorcycle collided with the motorcycle bearing registration No.RJ-27-9M-9223 coming from the opposite direction. The offending vehicle (on which the claimant was sitting) was insured with the appellant insurance company and was being driven by its owner Babu Khan, in a rash and negligent manner. At the time of the accident, the claimant was 30 years of age. She received numerous injuries on account of the said collision. The claim application was filed by the claimant seeking damages to the tune of Rs.5,96,000/-.
The Tribunal framed the relevant issues. As the claim application was filed under Section 163A of the Act, the issue of examining the rash and negligent driving of either of the motorcycle drivers was not required to be adjudicated.
The claimant suffered simple as well as grievous injuries in the road accident. She produced a disability certificate (Exp.P7) indicating that she had suffered 11% permanent disability because of the impact. The objection which the insurance company raised before the Tribunal was that the driver of the offending vehicle was not having a valid driving license on the date of the accident.
However, the burden of proving this issue was upon the insurance company, which did not lead any positive evidence to show that the driver of the motorcycle was not having a valid driving license.
In this view of the matter, applying the structured formula for computation provided under the Second Schedule of the Act, the Tribunal awarded total damages to the tune of Rs.98,320/- to the claimant holding the insurance company as well as driver-cum-owner of the motorcycle responsible to satisfy the award.
It is the firm opinion of this Court that the findings recorded by the Tribunal in the impugned award dated 03.07.2010 after adjudicating the issues in favour of the claimant, are absolutely just and proper and do not warrant any interference whatsoever.
Thus, the appeal lacks merits and is dismissed, as such.